Ordinance 2015-06 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2015-06
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS, AMENDING THE LICENSE REGULATIONS FOR PAWNBROKERS AND
RESALE DEALERS IN THE CITY TO COMPLY WITH STATE LAW
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 27`x'day of January, 2015
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on February 6, 2015.
Ordinance No. 2015-06
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AMENDING THE LICENSE REGULATIONS FOR PAWNBROKERS AND
RESALE DEALERS IN THE CITY TO COMPLY WITH STATE LAW
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, Section 11-42-5 of the Illinois Municipal Code (65 ILCS 5/11-42-5)
provides that the corporate authorities of a municipality may license, tax, regulate or prohibit
pawnbrokers; and,
WHEREAS, Section 11-42-3 of the Illinois Municipal Code (65 ILCS 5/11-42-3)
provides that the corporate authorities of a municipality may license, tax, locate and regulate all
places of business of dealers in junk, dismantled or wrecked motor vehicles or parts thereof, and
any second-hand article whatsoever; and,
WHEREAS, the regulation of pawnbroker and resale business through licensing and
other regulations is necessary to deter and detect crime and to otherwise protect the public health,
safety, morals and welfare relating to their operation; and,
WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering
stolen property relates to the protection of the public health, safety, morals and welfare of the
City; and,
WHEREAS, Chapter 13 of the Yorkville City Code does not comply with the Resale
Dealers Act (815 ILCS 398/1 et seq.); and,
WHEREAS, the City Council of the City has determined that it is necessary and
desirable to amend the regulations regarding pawnbroker and resale businesses to bring the
Yorkville City Code into compliance with state law.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. That Title 3, Chapter 13, Section 3-13-1 of the Yorkville City Code be and is
hereby amended by deleting the definition of"Precious Metals" in its entirety and replacing
said definition with the following in its stead:
"PRECIOUS METALS: Any item containing gold (chemical symbol Au), silver
(chemical symbol Ag), platinum (chemical symbol Pt), palladium (chemical symbol Pd),
or rhodium (chemical symbol Rh) or any combination of gold, silver, platinum,
Ordinance No. 2015-06
Page 2
palladium, or rhodium, but not including items containing any chemical or any
automotive, photographic, electrical, medical or dental materials, or electronic parts,
except for those containing precious metals."
Section 3. That Title 3, Chapter 13, Section 3-13-1 of the Yorkville City Code be and is
hereby amended by deleting Subsection A under the definition of"Resale Dealer" in its entirety
and replacing said Subsection with the following in its stead:
"A. The term "resale dealer" shall include, but not be limited to, businesses commonly
known as swapshop operators, cash for gold operators, stamp dealers, coin dealers
and jewelers that purchase and resell items from persons other than dealers possessing
a federal employee identification number and suppliers and engage in disassembling
for purposes other than appraisals, melting, or otherwise altering jewelry. The term
"resale dealer" shall not include pawnbrokers, providers of commercial mobile
services as defined in 47 U.S.C. 332(d) or their authorized dealers, or retail merchants
that do not purchase previously owned items directly from the public at the retail
location."
Section 4. That Title 3, Chapter 13 of the Yorkville City Code be and is hereby amended
by deleting Section 3-13-3 in its entirety and replacing it with the following in its stead:
"3-13-3: RESALE DEALER EXEMPTIONS:
The following activities shall be exempt from the requirements of this chapter for resale
dealers:
A. Residential garage sales.
B. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or
benevolent organizations which have been active and in continuous existence for at
least one year prior to the holding of the sale, or which are exempt from taxation under
section 501(c) of the federal internal revenue code.
C. Sales or purchases which are regulated by the licensing laws of the state, including
automobile dealers, used parts dealers and automotive parts recyclers.
D. Consumer shows or exhibitions of collectibles other than a show or convention that
offers to buy second hand jewelry from attendees.
E. Sales by auctioneers.
F. Sales by pawnbrokers holding a license pursuant to this chapter.
G. Sales of recyclable metal by a recyclable metal dealer.
H. Sales of recyclable materials by a scavenger.
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Page 3
I. Sales or trades of used books between a customer and owner of a used bookstore.
J. Sales by providers of commercial mobile services as defined in 47 U.S.C. 332(d) or
their authorized dealers."
Section S. That Title 3, Chapter 13 of the Yorkville City Code be and is hereby amended
by deleting Section 3-13-17 in its entirety and replacing it with the following in its stead:
"3-13-17: RECORDS OF PURCHASES:
Throughout the term of the license, every pawnbroker and resale dealer shall
report/upload to LeadsOnline, or the city's current electronic reporting system, each day
before the hour of 12 o'clock noon, the below listed information for each and every
transaction conducted during each day they were open for business. All information shall
be recorded in the English language.
A transaction shall consist of all articles brought in to a pawnbroker or resale dealer for
sale, barter, or trade, by an individual (pawner/seller) at the same time and date, and
includes the sale of nonjunk/scrap articles by a pawnbroker or resale dealer to another
person. Articles brought into a pawnbroker or resale dealer by an individual
(pawner/seller) for sale, barter, trade or pawn, at different times on the same date by the
same person shall be considered as separate transactions, regardless of how short the
difference in time is between those transactions. Separate transactions, either from the
same person or different persons, shall not be combined and reported collectively.
Nonjunk/scrap articles purchased by a pawnbroker from another business shall not be
considered to be transactions for the purposes of this section, and are exempt from the
reporting requirements of this section, and are also exempt from the waiting period.
A. Transactions involving individually identifiable articles.
1. Purchases/receipts by licensees. Each individually identifiable article brought in to
a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter or
trade during a single transaction shall be itemized separately. Licensees shall not
lump such articles together,but must provide a complete and thorough description
of each item to include the following:
a. Type of article.
b. Brand name/make/manufacturer(if applicable).
c. Model number (if applicable).
d. Serial number (if applicable).
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e. Color/finish.
f. Any other identifying marks, writing, engraving, etc.
2. A digital photograph(s) shall be taken of each individually identifiable article,
sufficiently detailed to allow reasonable identification of the article. The digital
photograph(s) shall capture any identifying numbers, marks, writing, engraving,
etc., or any other distinguishing characteristics.
3. A photographic or scanned image of a photo ID card of the pawner/seller,
sufficiently clear to allow the information on the ID to be read. The photo ID must
be a currently valid (not expired) driver's license or State identification card issued
by the Illinois Secretary of State, and must include the seller's first and last name,
current address, date of birth, and physical descriptors. If the seller is selling on
behalf of a company or business, the name, address, and telephone number of such
company or business shall also be recorded/reported.
4. The date and time of the transaction.
5. A signed statement of the person from whom the property was obtained that he or
she is over eighteen (18) years of age and the legal owner of same clear of all
attachments and with the legal right to sell.
B. Transactions involving nonindividually identifiable articles.
1. Nonindividually identifiable articles may be recorded or reported in bulk, but must
specify the weight, type and form of the bulk material.
2. Each different type and form of nonindividually identifiable articles brought in to a
pawnbroker or resale dealer by an individual for sale,barter or trade during a
transaction shall be associated with the person who brought the material in.
3. A photographic or scanned image of a photo ID card of the pawner/seller,
sufficiently clear to allow the information on the ID to be read. The photo ID must
be a currently valid (not expired) driver's license or State identification card issued
by the Illinois Secretary of State, and must include the seller's first and last name,
current address, date of birth, and physical descriptors. If the seller is selling on
behalf of a company or business, the name, address, and telephone number of such
company or business shall also be recorded/reported.
4. A digital photograph or, if the licensee has a video system, video segment of each
individual type and form of bulk material purchased by the licensee shall be linked
to the record of that transaction in LeadsOnline or the city's current electronic
reporting system.
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5. The date and time of the transaction.
6. A signed statement of the person from whom the property was obtained that he or
she is over eighteen (18) years of age and the legal owner of same clear of all
attachments and with the legal right to sell.
C. Paper money shall be exempt from the requirements of this chapter.
D. In the event the electronic reporting system malfunctions or is otherwise not
operational, the licensee shall, at all times during such malfunction or nonoperation,
be required to keep written records of any and all transactions made during the period
of malfunction or nonoperation, to include all information required by this section.
These written records shall be reported/uploaded to LeadsOnline, or the city's current
electronic reporting system, as soon as practicable after the electronic reporting
system is functional. No such written records shall be erased, mutilated or changed.
Written records shall be open and available for review upon request by any police
officer during regular business hours."
Section 6. That Title 3, Chapter 13 of the Yorkville City Code be and is hereby amended
by deleting Section 3-13-20 in its entirety and replacing it with the following in its stead:
"3-13-20: WAITING PERIOD:
A. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt,
crush/compact, destroy, or otherwise dispose of any individually identifiable article
within ten (10) days of the time of purchasing or receiving the same.
B. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt,
crush/compact, destroy, or otherwise dispose of any nonindividually identifiable
jewelry or other nonindividually identifiable articles, except paper money, within
seven (7) days of the time of purchasing or receiving the same.
C. All items subject to this section shall be stored at the location in which they were
purchased during the waiting period."
Section 7. That Title 3, Chapter 13, Section 3-13-25 of the Yorkville City Code be and is
hereby amended by deleting Subsection A in its entirety and replacing said Subsection with the
following in its stead:
"A. Any person violating any of the provisions or failure to comply with any of the
mandatory requirements of this chapter shall be guilty of an offense. Any person
convicted of an offense under this chapter, in addition to other legal and equitable
remedies available to the city, shall be punished by a fine in an amount of not less
than seven hundred fifty dollars ($750.00) for each offense."
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Section 8. This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
o?'7 _day of J,4t4 uAg y ) 2015.
F–PUTY CITY CLERK
CARLO COLOSIMO aye KEN KOCH aye
JACKIE MILSCHEWSKI Ue LARRY KOT aye
CHRIS FUNKHOUSER Ue JOEL FRIEDERS aye
ROSE ANN SPEARS aye DIANE TEELING Ue
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
G day of F E 8RUAQ 1,' , 2015.
JLM�01 &
MA OR
Attest:
—MpV-rY CITY CLERK
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